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1 Labor Relations / Unions Glossary Master List for 2010 LaborFest Jeopardy Contest History of Unions Molly Maguires A legendary group of union organizers in the coal mine fields in After a failed strike, they were accused and convicted of murder and arson. The Railway Strike of day strike where Maryland workers were killed striking because railroad companies were providing large dividends to their wealthy stockholders while the railroad company was losing money, and raising rates and cutting wages. Strike ended after the federal troops were called in to suppress the strike. The Haymarket Square Riot A 1886 strike in Chicago where laborers were striking to demand an eight-hour workday. A peaceful meeting ended with a bomb thrown into a group of policemen. One policeman was killed along with several strikers. Knights of Labor OR The Noble Order of the Knights of Labor (KOL) Organization was founded in 1869 whose goals were higher wages, fewer working hours, and better conditions through legislation. They were accused or engineering the Haymarket Square Riot but really had nothing to do with it. The Pullman Strike of 1894 This violent strike in 1894 was stopped by the Federal Government applying the Sherman Antitrust Act because railway owners added mail cars to trains, thus claiming that strikers were interfering with mail delivery. Federal troops were brought in to break the strike. Eugene Debs Founder of the American Railway Union, this individual fulfilled the goal of earlier unions by successfully organizing national industrial union capable of staging a united strike. He became a socialist after witnessing government s intervention on the side of owners in labor disputes. The American Federation of Labor (AFL) Formed in 1886 under Samuel Gompers. Its goal was to improve the position of skilled labor. The AFL dominated the labor scene after the KOL began losing support. Samuel Gompers He was the founder of AFL and believed the major emphasis for the labor movement was on economic and industrial action in the workplace as opposed to political action. Industrial Workers of the World (IWW) This organization originated in the Colorado mine fields in reaction to the mine owners breaking strikes by bringing in armed guards. Industrial Workers of the World (IWW) Known as Wobblies, this organization advocated both a labor and social agenda, advocating an overthrow of capitalism. After the Russian Revolution, the socialist advocates, like IWW, lost support in the U.S.

2 Injunctions The demise of the conspiracy theory led the Courts to adopt the use of these against labor unions to stop worker boycotts of employers. Congress of Industrial Organizations (CIO) This organization supported the first sit-in strike when UAW workers occupied auto plant in Flint, Michigan in The Cordwainers Conspiracy Cases In this 1806 case the court held the mere combination of workers to raise wages was an illegal act because the combinations were formed to benefit the workers and injure the non-participants. Commonwealth v. Hunt In this case union members caused dismissal of a journeyman who repeatedly broke union rules. His complaint led to criminal conspiracy charges. The court held that criminal conspiracy required either an illegal purpose or resorts to illegal means. In this case, the purpose was to induce the worker to become a union member and abide by union rules; thus, it was not illegal. The court is upholding the workers right to organize and to compel workers to abide by union rules. John L. Lewis Nevertheless, unskilled laborers turned to the leadership of this person, a United Mine Workers leader, for a new era in industrial unionizations. The Clayton Act This act sought to limit the use of the injunction against labor unions. The act stated that labor organizations were not prohibited by antitrust. This act was not very effective as the courts continued to apply the Sherman Antitrust Act. John L. Lewis The CIO was formed in 1935 by John L. Lewis and advocated a workplace agenda for unions of unskilled workers Congress of Industrial Organizations (CIO) This organization was formed in 1935 by John L. Lewis and advocated a workplace agenda for unions of unskilled workers. The National War Labor Board This board was created to prevent labor disputes from disrupting the war effort During WWII The Erdman Act (1898) This act was limited to employees operating interstate trains. It gave certain employment protection to union members and offered facilities for mediation and conciliation of railway labor disputes The Railway Labor Act This act required railroad employers to negotiate with their employees' representative and provided for voluntary submission to arbitration. In 1936, the Act was expanded to include the airline industry. Davis-Bacon Act This act was passed in 1931 and required construction companies that used federal dollars to pay employees the prevailing wage rate of the community where work was done. Prevailing wage generally meant union wage.

3 The Norris-La Guardia Act This act took away the power of the federal courts to issue injunctions in nonviolent labor disputes and states that courts cannot restrict the formation of union activities The National Labor Relations Act (The Wagner Act) 1935 This act gave most employees the right to organize and bargain collectively through representatives of their own choosing The National Labor Relations Act (The Wagner Act) 1935 Defined unfair labor practices on the part of the employer The National Labor Relations Act (The Wagner Act) 1935 Interfering with employee rights under the act, refusing to bargain in good faith with the employees representative, discriminating against union members for pursuing rights under the act, and attempting to dominate or interfere with the unions were defined as unfair labor practices under this act. The National Labor Relations Board (NLRB) This board was established to administer and interpret provisions of the NLRA Walsh-Healy Act, This act, passed in 1936, foreshadowed the Fair Labor Standards Act and guaranteed that employers with federal contracts would pay their employees time and one-half for any time worked over an eight-hour day. FLSA Establishing a federal minimum wage, shorter working hours and the abolition of child labor were the three main objectives of this act. The Labor-Management Relations Act (Taft-Hartley Amendments) This act defined unfair labor practices on the part of the union. The Labor-Management Relations Act (Taft-Hartley Amendments) This act put prevented the restraint or coercion on employees in exercise of their rights, prevented an employers refusal to bargain in good faith and prohibited secondary boycotts and strikes. The Labor-Management Relations Act (Taft-Hartley Amendments) This act gave preference to state right-to-work laws over bargained provisions in Collective bargaining agreements. The Labor-Management Reporting and Disclosure Act of 1959 AKA Landrum-Griffin Act This act required controls on internal handling of union funds, established safeguards for union elections, and established due process rules for disciplining members. Landrum-Griffin Act This act assured participation by the rank and file in union affairs Executive Order This executive order established framework for labor management relations in the federal government Landrum-Griffin Act Requires high standards of ethical conduct by union officials

4 Union members given access to financial reports of union Executive Order This executive order established framework for labor management relations in the federal government Pendleton Act This act protected federal employees from firing for political stances Lloyd-LaFollette Act This act allowed public sector lobbying by Federal employees The Sovereignty Doctrine This doctrine was defined as the supreme, absolute and uncontrollable power by which an independent state is governed, and was used by government to resist collective bargaining. The doctrine became outdated by subsequent court decisions Landrum-Griffin Act Protects union members right to participate in election process The Civil Service Reform Act of 1978 This act gave central authority to a three-member panel Federal Labor Relations Authority to oversee labor-management relations within the federal government. Federal Labor Relations Authority This entity oversees creation of bargaining units, conducts elections, decides representation cases, determines unfair labor practices, and seeks enforcement in court for Federal employees The Civil Service Reform Act of 1978 This act mandates inclusion of grievance procedure with binding arbitration for all federal collective bargaining agreements National Partnership Council (NAC) Council formed in 1993 by Bill Clinton The National Labor Relations Board This entity recognizes a labor organization as the bargaining representative of a specific group of employees; determines that a specific group of employees is an appropriate bargaining unit; and determines violations of the duty to bargain and unfair labor practice provisions of the NLRA The National Labor Relations Act created the NLRB in what year. EO This executive order by Bill Clinton created the National Partnership Council (NAC) to advise the president on labor-management issues. National League of Cities v. Usery, Court case that confirms state has sovereignty over own employees. Fannie Sellins Sometimes called Labor s Martyr, this person was killed during a union strike. Deputies, hired by a coal company to protect company property, shot her in the back. Their activities included assaulting strikers and she had pictures to prove it. When she tried to leave the area with the pictures, she was killed.

5 History of Unions The Landrum-Griffin Act This act attempted to protect union members from corrupt leadership. Wagner Act (NLRA) This act 1. Gave employees the right to organize 2. Required employers to meet and bargain with their employees 3. Protected the right to strike 4. Created the National Labor Relations Board Taft-Hartley Amendments (LMRA) This act 1. Recognized employees right not to organize 2. Required unions to bargain in good faith 3. Subjected unions to charges of unfair labor practices 4. Gave preference to state right-to-work laws over contract provisions requiring all workers to join a recognized union. Landrum-Griffin Act (LMRDA) This act 1. Put controls on the power of union officials 2. Established safeguards for union elections 3. Established due process rules for disciplining members Civil Service Reform Act of 1978 Title VII of this act governs Federal government public sector labor relations. The Civil Service Reform Act of 1978 This act gave central authority to a three-member panel Federal Labor Relations Authority to oversee labor-management relations within the federal government. Congress of Industrial Organizations (CIO) This organization supported the first sit-in strike when UAW workers occupied auto plant in Flint, Michigan in Samuel Gompers He was the founder of AFL and believed the major emphasis for the labor movement was on economic and industrial action in the workplace as opposed to political action.

6 The Collective Bargaining Process What is Collective Bargaining A continuous process between employer and designated labor union that begins with the negotiation of the contract. Includes terms of employment: wages, work rules, hours of work, job classification, and methods of enforcement and administration of contract-grievance resolution. The National Labor Relations Board (NLRB) This board was created by the NLRA The National Labor Relations Board (NLRB) Five-member board appointed by President with advice and consent of Senate for a term of five years to Encourage use of collective bargaining, Recognition of majority representation, administer the NLRA, and Impose sanctions Labor dispute any controversy concerning term, tenure, or condition of employment. Agricultural workers, Domestic servants, Persons employed by spouse or parent, Independent contractors, Supervisors, Individuals subject to Railway Labor Act, Employees of U.S. Government, Federal Reserve Bank, states, or political subdivisions Name two categories of workers exempted from the jurisdiction of the NLRB? Government or wholly owned governmental corporation, except U.S. Postal, Federal Reserve Bank, State or political subdivision, Anyone subject to Railway Labor Act, Any labor organization, Which organizations are exempted from the NLRB? NLRB This board is given power to determine an appropriate unit of employees for collective bargaining. Bargaining unit That group of employees that is represented by a union in collective bargaining Community of interests Similarity of job function and earnings, benefits received, hours worked, job training, skills, geographical proximity, or common supervision History of bargaining. Prior bargaining relationships are favorably considered. Employee wishes Global doctrine states NLRB is to give weight to employee wishes. Accretion This doctrine allows the NLRB to add new classes of employees to existing units if their work satisfies the same criteria as original unit. Stipulated units Company and union may stipulate what they consider an appropriate unit if it doesn t violate NLRA or NLRB policy. Statutory consideration Workers not included in definition of employee may not be included in a unit.

7 Federal level determined by Federal Labor Relations Act What act determines the bargaining unit in the public sector? Community of Interest When you analyze common skills, similar working conditions, and common supervision you are likely determining what? In the context of determining the appropriate bargaining unit for public sector employment? Union Structure Craft unions Workers organized in accordance with craft/skill Craft unions Seeks to organize all practitioners of a trade employed by a certain employer or in a specified geographical area Industrial Union Mostly unskilled laborers, organize workers at one workplace, regardless of job Levels of Unions Local union Handle day-to-day operations of CB agreement; handle grievances, strikes, and discipline members National (International) Unions Parent of local union Charter provides a contract between national and local. Provides service and assistance to local Intermediate Organizational Unit Regional/district bridge between national and local Federation of Unions (AFL-CIO) National spokesperson for labor movement and coordinates union activities Independent Unions Unions not affiliated with national or international unions Independent Unions These types of unions have experienced a growth because more unions are being formed among professional and government workers and national/international unions are not attracting them. National Education Association, (NEA) This union began in 1906 and is the largest professional organization in the world with over 2.4 million members. American Federation of State, County and Municipal Employees (AFSCME) Second largest public union in U.S., and second largest union in AFL-CIO. NLRB Employee Elections are regulated by?

8 Regional Director When there is an attempt to organize a union a petition is filed at office of the of NLRB who determines whether an election will take place? Union Decertification. UD 30% or more of employees file to rescind union shop RC petition. Filed by employer, employees or union representative seeking certification. RM petition. Filed by employer where employer questions the status of the labor organization or filed when employer has proof the union no longer holds majority status. UC petition. Request clarification of composition of certified unit AC petition. Change of circumstances be recognized 30% Petitions requesting certification or decertification should show support of what % of employees in unit. 10% Another union may enter an election with a showing of interest of at least what % of those in the unit. Regional director Investigation conducted by whom to determine whether to proceed with election? 24 Employers and unions can t make speeches to employees on company time within how many hours of election. Runoff Election This type of election will be held where no union receives a majority 1 year / 3 years If a union gets certified, the NLRB will not allow petitions for rival certification neither within how long of certification, or within how long? If a valid contract is in force Gissel doctrine Court gave approval for authorization cards as a substitute for an election when employers actions amounted to unfair labor practice. Decertification Election Election to vote to terminate an existing unions right to represent a union. Employees Only this group can file decertification petitions with a show of 30% support Against In decertification votes a tie vote counts for or against the union?

9 Exclusive Representative This term provides that all workers in same unit are represented by one union thereby giving a union strength. Exclusive Representative As a legal principle, under NLRA once a union is selected, it legally represents all the employees of the unit whether they are union members or not. 1 year A labor union is certified as the exclusive bargaining agent for how long a period of time following a representation election. NLRA This act guaranteed employees freedom to choose representative, companies prohibited from forming company unions, or discriminating against union members, Yellow dog contracts made illegal and blacklisting of union sympathizers illegal Taft-Hartley Act This act guaranteed employee s right not to organize and engage in union activity Taft-Hartley Act This act outlaws the closed shop clause Taft-Hartley Act This act allowed union shop clauses; however states could prohibit with right-to-work laws. Taft-Hartley Act This act limited dues check-off provision by requiring written authorizations Forms of Union Security Closed shop. This form of union security required union membership before person could be hired Open shop. This form of union security has no requirement to join or support a union. Union shop. This form of union security required union membership on or after 30th day of employment Union hiring hall. This form of union security is where employers have to hire employees referred by union, provided they refer sufficient union and nonunion applicants Agency shop. This form of union security does not require union membership, but does require that employees financially support the union Maintenance of membership. This form of union security required employees who are union members to remain members for duration of contract Preferential shop. This form of union security gives preference to union members in hiring

10 Dues check-off. This is when an employer withholds dues to union from employee s wages. Super seniority This is when union leaders are given top seniority for layoff purposes but is limited to officials who are necessary to administration of contract Right-to-work A person has a right to work with or without joining or supporting a union Free Riders Employees in a unit represented by a union and covered by a collective bargaining agreement who do not join union or pay dues Cheap Riders Employees in a unit represented by a union who only pay to the union the part of the dues determined to support the activities of the union in collective bargaining and grievance process. No other union activity is included, such as lobbying or social events Duty of Fair Representation Requirement that a union must represent all fairly Corporatism This refers to a nationally centralized system of collective bargaining National Labor Relations Act The NLRB was created to enforce and effectuate the purposes of what act? NLRB This board has jurisdiction over persons when there is a labor dispute affecting commerce or when there is a controversy involving an employer, employee, or a labor organization National Labor Relations Act. The rights of employees include the right to self-organization, to form labor organizations, to bargain collectively, and to engage in concerted activities for purposes of collective bargaining. In addition, employees have the right to refrain from such activities are rights spelled by what act? Sections 7 & 8 Under what 2 sections of the NLRA is federal law possessing exclusive jurisdiction over state regulation? Appropriate bargaining units The NLRB considers the following criteria when determining what? = the community of interests, history of bargaining, desire of employees, prior union organization, relationship of the unit to the organizational structure of the company, public interest, accretion, stipulated units, and statutory considerations. If the election was in order, the board certifies the results What is the final step for the NLRB in the representation election process? Union security This refers to a union s ability to grow and to perform its exclusive collective bargaining role without interference from management, other unions, or other sources.

11 Union security provisions These guarantee the union a steady source of income to continue its work and increase its bargaining power. 14(b) This is the right-to-work section of the Taft-Hartley Amendments

12 Collective bargaining process This process requires the employer and the employee to meet and negotiate terms and conditions of employment. Employee protected rights Section 7 of the NLRA, as amended by the Taft-Hartley Amendments, enumerated what? 7 The right to self-organize, to form, join or assist labor organizations, to bargain collectively through representatives of your own choosing are rights protected in what section of the NLRA? Unfair labor practice If you interfere with, restrain or coerce employees in rights guaranteed under section 7 of the NLRA you are committing what type of practice? Unfair labor practice If you are dominating or interfering with the formation or administration of a labor union you are committing what type of practice? Unfair labor practice If you are discriminating against union members for their union membership you are committing what type of practice? Unfair labor practice If you are discriminating against an employee for pursuing the rights under the NLRA you are committing what type of practice? Unfair labor practice If you are refusing to bargain collectively with representatives of a union s employees you are committing what type of practice?

13 ORGANIZATIONAL CAMPAIGNS Section 8(a)(1) What section of the NLRA prohibits interfering, restraining, or coercing employees in the exercise of their right to unionize? Reasonable probability test This NLRB test eliminates the need to prove actual interference, restraint, or coercion by the employer if it can be shown that the activity tends to interfere with the free exercise of protected rights. Reasonable probability test This NLRB test eliminates the need to prove actual interference, restraint, or coercion by the employer if it can be shown that the activity tends to interfere with the free exercise of protected rights. If there were other reasonable means to reach employees If a company has a rule that restricts NON-employees from organizing on company property the courts will rule that this is NOT an unfair labor practice under what condition? Trespass Access Common law term referring to non-employee union organizers access to a company property as part of an organizing drive to distribute information. During nonworking times When is oral solicitation by employees allowed when soliciting union membership? During nonworking times When is distribution of union literature allowed when soliciting union membership? Work time That time when an employee is actually working and no solicitation may occur. Work hours Those hours when the company is open, including personal times such as lunch and breaks, during which the employee may be solicited. Valid Is a no-solicitation rule valid or invalid for both employees and non employees during work time at either the work or non-work location? Invalid If you have a rule that says employees and non-employees, during work hours at either work or non-work locations cannot solicit union membership would this rule be valid or invalid? Invalid If you have a rule that says employees and non-employees, during non-work hours at either work or non-work locations cannot solicit union membership would this rule be valid or invalid? Valid If you have a rule that says employees at and during work cannot distribute union literature would this rule be valid or invalid?

14 Invalid If you have a rule that says employees during non-work times at the worksite cannot distribute union literature would this rule be valid or invalid? Invalid If you have a rule that says employees during work times at a non-worksite cannot distribute union literature would this rule be valid or invalid? Invalid If you have a rule that says employees during both a non-work time and site cannot distribute union literature would this rule be valid or invalid? Valid If you have a rule that says non-employees during work and at the worksite cannot distribute union literature would this rule be valid or invalid? Valid If you have a rule that says non-employees during non-work work but at the worksite cannot distribute union literature would this rule be valid or invalid? Valid If you have a rule that says non-employees during work but not at the worksite cannot distribute union literature would this rule be valid or invalid? Valid If you have a rule that says non-employees outside of work and off the worksite cannot distribute union literature would this rule be valid or invalid? The Cincinnati Enquirer Case (1986) In this case the NLRB found an unfair labor practice when the company denied the union access to employee mailboxes that the union had been using to distribute literature for 40 years. Although the company claimed that the union could reach employees by other means, their denial was found discriminatory because other groups were allowed access to the mailboxes. Section 7 What section of the NLRA impacts employer rights to regulate electronic mail ( ) use? A Work area In general, if the use of workplace is significant, it can be considered one of these, under the NLRA, and thus the employer may not totally restrict employee use because it is the equivalent to oral solicitation.

15 Union Organizing Strategies Build an organizing committee, determine the issues, choose a union recognition strategy and achieve union recognition or status. What are the four steps suggested by the IWW for a union organizing campaign? Build an organizing committee What is the first step suggested by the IWW for a union organizing campaign? Determine the issues What is the second step suggested by the IWW for a union organizing campaign? Choose a union recognition strategy What is the third step suggested by the IWW for a union organizing campaign? Achieve union recognition or status What is the fourth step suggested by the IWW for a union organizing campaign? Card check recognition If the right number of employees have signed authorization cards this occurs when the employer voluntarily agrees to recognize the union as the legal bargaining agent for the designated bargaining unit. Salting This is when union members are encouraged to seek employment with target companies that are not unionized. Salting resolutions These allow union members to receive permission from the union to work nonunion without being subject to disciplinary action by their union. 3 How many types of salting are there? AFL-CIO A key 1996 report advised local union leaders and members that the union movement must focus on new organizing efforts to increase union membership. This report was written by what entity? Became a member of the governing body/ board of directors In 1998 an organizer for the Hotel Worker s and Restaurant Workers International Unions was able to use a new tactic to gain recognition. What were two of the union members able to accomplish? Union Avoidance Strategies by Management TIPS This acronym used by managers and supervisors refers to the things a manager may not do when opposing a union organizing attempt. FORE This acronym used by managers and supervisors refers to the things a manager may do when opposing a union organizing attempt.

16 Threaten The T in TIPS Interrogate The I in TIPS Promise The P in TIPS Spy The S in TIPS Facts The F in FORE Opinion The O in FORE Rules The R in FORE Experience The E in FORE Threaten Don t tell your employees that you will terminate their employment because of their union activities is advice in what part of the TIPS acronym Threaten Don t imply that employees will lose their wages and benefits during negotiations is advice in what part of the TIPS acronym Interrogate Don t ask employees how they are going to vote in an election would be advice from what part of the TIPS acronym Interrogate Don t ask employees their opinion of the union organizer would be advice from what part of the TIPS acronym Promise Don t promise employees a pay increase if they vote against the union would be advice from what part of the TIPS acronym Promise Don t imply that an employee will receive a promotion if they vote against a union would be advice from what part of the TIPS acronym Spy Don t attend a union meeting, even if invited would be advice from what part of the TIPS acronym Spy Don t spy on any union activities would be advice from what part of the TIPS acronym Facts

17 Telling your employees that signing the authorization card does not mean they must vote for the union would be advice from what part of the FORE acronym TIPS Don t threaten your workers if they chose to support a union is TIPS or FORE Facts Telling your employees that they can actively campaign against the union would be advice from what part of the FORE acronym Facts Telling your employees that if a union is voted in, everything would go on the bargaining table would be advice from what part of the FORE acronym Opinion Telling your employees that management does not believe the employees need third party representation would be advice from what part of the FORE acronym Opinion Telling your employees that management believes in the open-door policy and are willing to discuss any subject with them would be advice from what part of the FORE acronym Rules Telling your employees that law permits the company to permanently replace them if there is a strike would be advice from what part of the FORE acronym Rules Telling your employees that unions cannot make the company agree to anything it does not want during negotiations would be advice from what part of the FORE acronym Experience Sharing personal experiences you may have had with a unionized workplace would be advice from what part of the FORE acronym Prohibited conduct Activities used to interfere with union organizational efforts such as the threat of loss of benefits, misrepresentation of campaign materials, and interrogation of employees. Midland National Life Insurance Company case In this case the NLRB stated that it would intervene in cases in which forgery would render the voters unable to discern the propagandistic nature of a publication. Houston Chronicle Publishing In this NLRB case an employer was found to have interfered with an election when it provided a $250 prize to the employee who scored highest on a test that determined knowledge of the process used in decertifying a union. Gissel case Under this case an employer is not prohibited from communicating general views about unionism or predictions of the effect of unionization on the company as long as such predictions involve consequences outside the employer s control. 24 hours A NLRB test provides that employers may not distribute propaganda regarding possible loss of benefits if workers are unionized within how many hours of the opening of the polls in an election.

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